Food and Drug Regulations

Version of section G.04.004.2 from 2006-03-22 to 2010-10-20:

  •  (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that

    • (a) licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the practitioner named in the notice a controlled drug other than a preparation, a preparation, or both; or

    • (b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a controlled drug other than a preparation, a preparation, or both.

  • (2) The notice must be issued if the practitioner named in the notice has

    • (a) made a request to the Minister in accordance with section G.04.004.1 to issue the notice;

    • (b) contravened a rule of conduct established by the licensing authority of the province in which the practitioner is practising and that licensing authority has requested the Minister in writing to issue the notice; or

    • (c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.

  • (3) The notice must be issued to

    • (a) all licensed dealers;

    • (b) all pharmacies within the province in which the practitioner named in the notice is registered and practising;

    • (c) the licensing authority of the province in which the practitioner named in the notice is registered or entitled to practise;

    • (d) any interested licensing authority in another province that has made a request to the Minister to issue the notice; and

    • (e) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled.

  • (4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the practitioner named in the notice

    • (a) has contravened any of the provisions of sections G.04.001 to G.04.002A;

    • (b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

    • (c) has, on more than one occasion, self-administered a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

    • (d) has, on more than one occasion, prescribed, provided or administered a controlled drug, other than a preparation, to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice;

    • (e) has, on more than one occasion, prescribed, provided or administered a preparation to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice; or

    • (f) is unable to account for the quantity of controlled drug for which the practitioner was responsible under this Part.

  • (5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

    • (a) consulted with the licensing authority of the province in which the practitioner to whom the notice relates is registered or entitled to practise;

    • (b) given that practitioner an opportunity to present reasons why the notice should not be issued and considered those reasons; and

    • (c) considered

      • (i) the compliance history of the practitioner in respect of the Act and the regulations made or continued under it, and

      • (ii) whether the actions of the practitioner pose a significant security, public health or safety hazard, including the risk of the controlled drug being diverted to an illicit market or use.

  • SOR/2003-135, s. 6.
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